[2023] KEELRC 890 (KLR)
The Court found that the Appellant's computation of underpayments was flawed for failing to consider the changes in minimum wage as prescribed by at least two Legal Notices during the Respondent's employment. The Respondent's computation was detailed and based on the correct legal framework, but exceeded the amount...
Source-derived case information.
- Citation
- [2023] KEELRC 890 (KLR)
- Parties
- Appellant: Anvi Emporium Ltd; Respondent: Joel Otieno Amol
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Appeal E011 of 2021
- Procedural Posture
- Employment and Labour Appeal / Ruling on Computation of Underpayments After Judgment
- Outcome
- Respondent awarded Kshs 149,324 as underpayments with interest at court rates from date of filing.
- Judges
- S Radido
- Legal Topics
- Minimum Wage, Underpayment of Wages, Statutory Compliance, Wage Computation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anvi Emporium Ltd
Appellant
Joel Otieno Amol
Respondent
Procedural Posture
Employment and Labour Appeal / Ruling on Computation of Underpayments After Judgment
Legal Issues
- 1 Whether the Appellant's computation of underpayments complied with the applicable minimum wage Legal Notices.
- 2 Whether the Respondent's computation, though higher than the pleaded amount, should be adopted by the Court.
- 3 Whether the Court should award the amount pleaded or the higher computed amount.
Ratio Decidendi
The Court found that the Appellant's computation of underpayments was flawed for failing to consider the changes in minimum wage as prescribed by at least two Legal Notices during the Respondent's employment. The Respondent's computation was detailed and based on the correct legal framework, but exceeded the amount pleaded in the claim. The Court held that it could not award more than what was pleaded and awarded the Respondent the pleaded amount of Kshs 149,324 as underpayments, with interest at court rates from the date of filing the Cause before the subordinate Court.
Court Disposition
Respondent awarded Kshs 149,324 as underpayments with interest at court rates from date of filing.
Orders
- The Respondent is awarded Kshs 149,324 as underpayments.
- The award shall attract interest at court rates from the date of filing the Cause before the subordinate Court.
Full Case Text
Judgment text and source record
25 paragraphs
Anvi Emporium Ltd v Amol (Appeal E011 of 2021) [2023] KEELRC 890 (KLR) (19 April 2023) (Ruling)
Neutral citation: [2023] KEELRC 890 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Kisumu
Appeal E011 of 2021
S Radido, J
April 19, 2023
Between
Anvi Emporium Ltd
Appellant
and
Joel Otieno Amol
Respondent
(An appeal from the judgment and decree in Kisumu CMC LRC No. 429 of 2019 dated 8th March 2021 before Hon R.K. Ondieki SPM)
Ruling
1. In a judgment delivered on February 15, 2023, the Court directed the Appellant to compute and file with the Court underpayments found due to the Respondent.
2. The Appellant filed the computations on February 24, 2023, indicating a sum of Kshs 37,752/- as the underpayments for a period of 33 months at a daily rate of Kshs 52/-.
3. The Respondent did not agree with the computations and he also filed his computations on March 1, 2023, computing the underpayments as Kshs 161,952/- (the Respondent disclosed the relevant periods of employment, the applicable Legal Notice prescribing the minimum wage, the wage paid, number of days worked, underpayment amount and total underpayments).
4. The prescribed minimum wage was not static during the employment of the Respondent.
5. There were at least 2 Legal Notices during the period, and the computations by the Appellant are not only out rightly casual for not considering them but not also based on the then prevailing legal framework.
6. The Respondent has outlined all the material upon which the Court can establish the underpayments.
7. However, his computations are above the pleaded amount of Kshs 149,324/-. The Court will, therefore, leave the pleaded and awarded amount undisturbed.
Conclusion and Orders 8. The Court will adopt the computations by the Respondent but since the computations is higher than the pleaded amount and the pleadings were not amended, the Court awards the Respondent Kshs 149,324/- as underpayments.
9. The award to attract interest at court rates from date of filing the Cause before the subordinate Court.
DELIVERED VIRTUALLY, DATED AND SIGNED IN KISUMU ON THIS 19TH DAY OF APRIL 2023. RADIDO STEPHEN, MCIARBJUDGEAppearancesFor Appellant Ko’Winoh & Co. AdvocatesFor Respondent ALP Kenya AdvocatesCourt Assistant Chrispo Aura